Alice Guo can still file for candidacy — SolGen

MANILA, Philippines — Despite removal from public office and ongoing legal hurdles, dismissed Bamban, Tarlac mayor Alice Guo can still file a certificate of candidacy (COC) for the 2025 midterm elections. 

According to Solicitor General Menardo Guevarra, the former mayor can still file her candidacy as the Ombudsman's dismissal order is not yet final.

"Guo may still file her certificate of candidacy unless the Comelec (Commission on Elections) disqualifies for some reason," Guevarra said in a message to Philstar.com.

Meanwhile, when asked about the possibility of Guo filing a COC, Comelec spokesperson John Rex Laudiangco explained the poll body does not have motu proprio powers to cancel a certificate of candidacy. 

In law, motu proprio (Latin for "on his own impulse") refers to an official act taken without a formal request from another party.

"Gaya nung nabanggit ko, 'yung parte ng petition for disqualification, petition to cancel or deny due course 'yung COC, hindi po po pwedeng Comelec ang magfafile po niyan," Laudiangco said in an ambush interview with reporters. 

(As I mentioned earlier, regarding the part of the petition for disqualification,petition to cancel or deny due course to the COC, the Comelec cannot be the one to file that.)

In a separate interview with Teleradyo on Tuesday, Laudiangco explained the Comelec only has a “ministerial duty” when it comes to certificates of candidacy.

“Wala po kaming kapangyarihan tanggihan, i-pre-evaluate o i-reject agad 'yung mga pina-file na COC," Laudiangco said in the Teleradyo interview.

(We do not have the authority to refuse, pre-evaluate, or immediately reject the filed COC.)

“Hindi kasi namin basta-basta mare-reject ito. Una, 'yang kaso niya ay gumugulong ngayon. Wala pang desisyon ang mga kasong naka-file sa korte at kahit 'yung sa Comelec election offense niya na iniimbestigahan namin, wala pa rin pong final na desisyon,” he added.

(We cannot just easily reject this. First, her case is ongoing. There has been no decision on the cases filed in court, and even with the Comelec election offense that we are investigating, there is still no final decision.)

However, Laudiangco emphasized that an individual is not automatically a candidate for elections once a COC is filed.

"Hindi po ibig sabihin nito ay pag-nafile ang COC samin, ay garantisadong na siyang kandidato," he said.

(This does not mean that once the COC is filed with us, the person is guaranteed to be a candidate.)

"Lahat po kasi, kahit 'yung sa tingin natin nuisance candidate, hindi po namin pwedeng tanggihan 'yan. Ang ginagawa po ng Comelec, in compliance with due process, sinasampahan ng kasong petition to declare as nuisance candidate," he added.

(Everyone, even those we believe to be nuisance candidates, cannot be rejected by us. What the Comelec does, in compliance with due process, is file a petition to declare them as nuisance candidates.)

In another report by ABS-CBN News, one of Guo’s lawyers, Nicole Jamilla, said the dismissed mayor is mulling to file a COC due to her supporters and unresolved issues in Bamban. 

One of the grounds for disqualifying a candidate by the Comelec is material misrepresentation, a case that Guo is also facing before the poll body. Should she be found guilty, her COC as an elected official would be voided.

Guo is facing several legal hurdles due to her alleged involvement in the unlawful activities of the Philippine offshore gaming operators in Bamban, Tarlac. 

Among the charges she is facing are human trafficking, money laundering, graft and corruption and tax evasion.

Guo is the subject of a quo warranto petition that questions the legitimacy of her position as mayor, along with a potential case regarding the cancellation of her birth certificate. — with reports from Jean Mangaluz